In Ohio legislature now, more bills would loosen laws than tighten them

Aug. 1, 2013

Written by

Ryan Hoffman

In the seven months since the mass shooting at Sandy Hook Elementary School, Ohio legislators have introduced more gun-related bills than they did in the previous two years combined – most of them to expand gun rights.

An Enquirer analysis shows members of the General Assembly have introduced 19 firearm-related bills since taking office in January; five more than the 14 firearm-related bills introduced in 2011 and 2012.

Of the 19 bills, 11 would expand the rights of gun owners – increasing the locations where “stand your ground’ law is applicable, adding places where a person can legally carry a concealed gun and easing the requirements, in some instances, for a concealed carry permit, for example.

So far no member of the General Assembly has sponsored more pro-firearm legislation than Rep. John Becker, R-Union Twp. The freshman lawmaker from Clermont County has sponsored four bills in 2013.

One bill would remove from the state’s definition of an automatic weapon a clause that classifies semi-automatics that can fire more than 31 rounds without reloading as automatics. Becker introduced the bill after a constituent brought the issue to his attention at a pro-gun rally in Clermont County. Becker says the gun issue is a big one for residents in his district.

“Being pro-gun was part of my platform and it’s something that’s important to the people of Clermont County,” Becker said.

Becker and two other Republicans from Southwest Ohio have sponsored a total of six bills, all them pro-gun.

Rep. Ron Maag, R-Lebanon, sponsored a bill allowing concealed carry on college campuses, in day-care facilities, aircraft, certain government facilities, police stations, airport terminals and school safety zones. Maag has said his bill is intended to help law-abiding gun owners protect themselves in “unarmed victim zones.”

Other pro-gun bills would:

• Expand the locations where a person can use force as self defense – the “stand your ground law” that gained national attention in the George Zimmerman case.

• Allow a school employee who has completed the necessary training to carry a concealed weapon.

• Prohibit law enforcement agencies from destroying unclaimed or forfeited firearms if the gun can legally be owned by a citizen or used by law enforcement.

Becker said he and his fellow Republican representatives from Southwest Ohio have worked independently on the bills they have sponsored. He said he wasn’t even aware of some of the other bills.

“There’s a lot of work that needs to be done in this area to restore the rights of gun owners,” Becker said.

Rep. Bill Patmon, D-Cleveland, agrees that Ohio needs to change its gun law, but he says that should include adding some restrictions. Patmon has sponsored three bills restricting firearms, including a bill prohibiting the transfer of a weapon when neither party is a federally licensed firearm dealer.

Patmon says he is answering the demands of his constituents in a primarily urban district, while preserving their Second Amendment rights.

Eight of the 19 bills would tighten gun restrictions by, for example, having the state keep records from background checks and adding gun restrictions for convicted felons.

The Democratic bills also would:

• Require firearm owners to securely store their weapon when it’s being stored in a residence where a minor could gain access to it.

• Prohibit the use or sale of “assault weapons” in Ohio while establishing an ammunition transaction database.

• Require a federal firearms dealer to obtain criminal records of a potential buyer and report to law enforcement when the buyer cannot legally purchase a gun.

As of now, none of the bills have been passed by committee and it’s uncertain which bills, if any, will be enacted. Of the 14 bills introduced in 2011-12, three – all expanding gun rights – were signed into law by Gov. John Kasich.

The flurry of firearm legislation is a result of 20 years of inaction on the state level, said Jim Irvine, chairman of the Buckeye Firearms Association, a pro-gun rights group that commonly helps draft firearm legislation.

“A lot of this is cleaning up stuff that we should have done years ago. We have been 10 to 20 years behind the rest of the country on these issues and were catching up,” Irvine said.

The gun issue is being considered in states across the country where legislatures are introducing and passing bills expanding gun rights, as well as bills that restrict gun use.

“In most states there has been an increase of bills on this issue,” said Laura Cutilletta, senior staff attorney for the Law Center to Prevent Gun Violence. “Recent high-profile tragedies like Newtown put the issue on a lot of people’s minds. The public was more mobilized than in the past and they put a greater demand on state legislatures.”

Since Newtown, more than 110 bills dealing with a variety of firearm issues have been enacted in 37 states this year, according to data compiled by the National Conference of State Legislatures.

The 100-plus bills are a mix of added restrictions and increased rights ranging from limits on magazine sizes in New York to reduced concealed carry registration fees for people 65 and older in Arkansas.

The cause of the legislative spike is more complex than just Sandy Hook, said John Hohenwarter, National Rifle Association state liaison.

“It’s hard to nail it down to one thing,” Hohenwarter said.

In states like Ohio with term limits for state leaders, new waves of legislators can lead to new waves of legislation on certain issues, Hohenwarter said.

Hohenwarter said Becker, the freshman representative from Clermont County, is a prime example of the legislative wave that occurs when there is high turnover in government. New legislators often introduce a flurry of bills; later in the career they concentrate on more targeted – and likelier to pass – legislation.

Becker, Patmon and other bill sponsors will have to wait until the fall to see if their bills will move on to the governor’s desk, according to House and Senate leadership. Senate Director of Communications John McClelland said the Senate’s top priorities are jobs and the economy; House Speaker William Batchelder told The Enquirer through a spokesman that he didn’t have a timeline for passing any of the gun bills.

Patmon realizes it’s going to be tough to get his bills through the Republican-controlled legislature.

“There doesn’t seem to be much of an appetite for some of the things I’ve introduced,” Patmon said.

Irvine of the Buckeye Firearms Association is confident the legislature, which spent most of 2013 working on the state budget, will act on a lot of the bills.

“I think in the fall we’ll see the rubber hit the road not just on the firearms issue but a number of other issues,” Irvine said. ⬛